How to File an Assumed Name (DBA) in New York
In New York, a business operating under a fictitious name will need to register an Assumed Name. Learn more about what an Assumed Name is, who needs one, and how to register.
What is an Assumed Name?
An Assumed Name, commonly known as a DBA or “Doing Business As,” Trade Name, or Fictitious Name, is a name used by a business that is different from the legal name of the business.
When a business wants to operate under a name other than its legal name, the state of New York, like most states, requires the business to register its business name. The registration requirement was designed to protect consumers from business owners hiding anonymously behind the name of a business.
What is a New York Assumed Name good for?
A DBA is required for New York businesses that want to operate under a name that is different from the legal name of the owners or entity. The DBA registration provides information on the people operating a business, so if there is an issue, the owners of a business can be tracked down.
In addition to the legal requirement, a DBA offers other benefits such as proving the existence of a business, opening a business bank account, registering a merchant account to accept credit cards, and others.
Who needs to register for a New York Assumed Name?
The requirements and need to register for an Assumed Name in New York vary depending on the type of business structure.
Sole proprietorships and general partnerships are the most common entities to register for a DBA.
The legal name of a sole proprietor or partnership can be the owner’s full first and last name, which can be used without registering. For example, if John Smith starts a business repairing computers but doesn’t use a business name, he doesn’t have to register. If John decides to name his business John’s Computer Repair, then he will need to register.
Corporations and Limited Liability Companies won’t typically register a fictitious name since a unique entity name is created during the formation process. Some will file for a DBA if they have another business they want to operate under their corporate/LLC umbrella to keep the liability protection without having to form another entity.
How much does an Assumed Name cost in New York?
Sole Proprietorships & Partnerships
The filing fee for the Assumed Name Certificate varies by county, but the filing fee varies between $25 and $35.
Corporations & LLCs
$25 for LLCs and limited partnerships. Corporation filing fees are $25 + $100 for each county within New York City (Bronx, Kings, New York, Queens, and Richmond Counties) and $25 for each county outside of New York City.
What are the steps to file a DBA in New York?
Sole Proprietorships & Partnerships
Step 1: Verify Name Availability
Before filing a DBA, county records need to be searched to be sure no other business is using the name. Most of the counties have an online database to quickly search through.
Step 2: Obtain the Form
A form has to be obtained from the County Clerk’s office in every county where the business will operate. Some have the form online, while others require the form to be picked up at the office.
Step 3: Fill out the Certificate of Assumed Name Form
Information requested on the form includes:
- Name and address of the owner
- Age certification
- Business address
- Mailing address
- Assumed name
Step 4: Notarize the Form
Before filing the form, it needs to be notarized. Most County Clerk’s offices have a notary available at the office at no cost.
Step 5: Submit the Form
Submit the filing fee and form to the County Clerk.
Corporations & LLCs
Step 1: Verify Name Availability
Every name registration must be different from the other names on record. Before filling out the form, visit the New York Department of State’s Business Entity Database.
Learn how to do a name search in New York.
Step 2: Fill out the Form
Download the Assumed Name form from the Department of State Division of Corporations, State Records and Uniform Commercial Code’s website
Information requested on the form includes:
- Legal name registered with the Department of State
- Type of business entity
- Assumed name
- Mailing address
- Principal place of business (A post office box isn’t allowed)
- Counties where the business operates
- Name of signer
- Capacity of signer (officer, partner, member, manager)
Step 3: Submit the Certificate of Assumed Name Form
The Assumed Name form can be submitted in person or by mail:
New York Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0001
The form can also be sent by fax to: 518-474-1418.
Are there any naming restrictions when filing a New York DBA?
DBAs can’t be registered using words that are related to banking or too close to other names on record.
Does New York require a DBA?
Any New York sole proprietorship or partnership that wants to do business under a name that is different from the owner’s full name or a New York corporation or LLC that wants to operate under a name that is different from the legal name of the business is required to register the name.
How long does a DBA last in New York State?
There are no renewal requirements for DBAs in New York.
Does an Assumed Name need an EIN?
An EIN or Employer Identification Number (sometimes informally referred to as a business tax ID number) is a unique nine-digit number that some businesses will register for through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business that has employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
